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Madras High Court

Tsunami Affected Farmer Welfare ... vs The Managing Director on 23 September, 2021

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                  WP No.34702 of 2016




                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       Dated: 23.09.2021

                                                          CORAM:

                                   THE HON'BLE MR. JUSTICE S.M.SUBRAMANIAM

                                                  WP No.34702 of 2016
                                               and WMP No.29889 of 2016

                     Tsunami Affected Farmer Welfare Association,
                     Rep. By its President Tmt.Shanthi                             .. Petitioner

                                                              Vs

                     The Managing Director,
                     Pondicherry Agro Services Industrial Corporation,
                     Thatanchavadi, Pondicherry.                                   .. Respondent

                     PRAYER: This Writ Petition is filed under Article 226 of the
                     Constitution of India, praying for issuance of Writ of Mandamus,
                     forbearing the respondent herein from replacing the existing bore well
                     operator nominated on 02.03.2016 for the Community bore well at R.S.
                     No.197/3, Manapet Revenue Village, Bahour Commune, Puducherry,
                     constructed for providing irrigation facility to the farmers / members of
                     petitioner Association herein by nominating any other person / non -
                     Member of the Petitioner Association.


                                      For Petitioner       : Mr.V.R.Rajasekaran

                                      For Respondent       : Mr.T.M.Naveen



https://www.mhc.tn.gov.in/judis/
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                                                                                WP No.34702 of 2016




                                                        ORDER

The relief sought for in the present writ petition is to forbear the respondent from replacing the existing bore well operator nominated on 02.03.2016 for the Community bore well at R.S. No.197/3, Manapet Revenue Village, Bahour Commune, Puducherry, constructed for providing irrigation facility to the farmers / members of petitioner Association by nominating any other person / non - Member of the Petitioner Association.

2. The writ petition is filed by Tsunami Affected Farmer Welfare Association. The relief sought for is not to replace the existing bore well operator and in pursuance to an interim order of status quo granted on 30.09.2016, the same person is continuing for the past about five years from the date of filing of the writ petition.

3. Thus, no further relief needs to be considered as the respondent has not taken any action for changing the present system, which is continuing. However, if any changes is to be made, the same has to be made by following the procedures, as contemplated.

https://www.mhc.tn.gov.in/judis/ 2/4 WP No.34702 of 2016

4. With these observations, the writ petition stands disposed of.

No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.

23.09.2021 Speaking/Non-speaking order Index: Yes/No Internet: Yes ars To The Managing Director, Pondicherry Agro Services Industrial Corporation, Thatanchavadi, Pondicherry.

https://www.mhc.tn.gov.in/judis/ 3/4 WP No.34702 of 2016 S.M.SUBRAMANIAM, J., ars WP No.34702 of 2016 23.09.2021 https://www.mhc.tn.gov.in/judis/ 4/4